CCWRO PowerPoint Training

” CCWRO.ORG 1901 Alhambra Blvd., Sacramento, CA 95816-7012 Tel: 916-736-0616 Cell: 916-712-0071 Email: [email protected] ATTENTION : This PowerPoint presentation is intended to be presented with an oral presentation to fill in the blanks left vacant. If you want a presentation, please contact CCWRO at 916-736-0616 or complete our training request form at: http:\/\/www.ccwro.org\/index.php?option=com_content&view=article&id=47&Itemid=55 * Who is required to do workfare to get public assistance? The deserving poor such as SSA recipients? Foster care parents? Clinton? Senators and Congresspersons who voted for TANF? No. Only welfare recipients the undeserving poor. EDD the jobs people, or DSS\/ CWD the welfare people. 1. CalWORKs is California’s Temporary Aid to Needy Families program. 2. Parents can receive benefits for a maximum of five years in their lifetime. (Welf. & Inst. Code 11320.15.) 3. To remain eligible for CalWORKs, parents must participate in Welfare to Work activities. (Welf. & Inst. Code 11320.1.) http:\/\/www.leginfo.ca.gov\/calaw.html John Wagner, Director (916) 657-2598 CharrLee Metsker, Deputy Director (916) 657-3546 K\u00e4ren Dickerson, WtW Branch Chief (916) 657-2128 Marc Wilson, Employment Bureau Chief (916) 653-7264 The WtW regulations are CDSS Manual of Policy and Procedures (hereinafter MPP). 42-701 et. seq. 1. Parents must participate a certain number of hours each week. a. Single parents must participate 32 hours per week. (Welf. & Inst. Code 11322.8; M.P.P. 42-711.411.) b. Two parent families must participate 35 hours per week unless they are exempt from participation. (Welf. & Inst. Code 11322.8; 42-711.412.) Appraisal\/Orientation – Welf. & Inst. Code 11320.1; MPP 42-711.5; 42-711.6; 42-711.7. Job Search. ESL\/VELS- Remedial Education: If language presents a barrier to participation, then the county shall assign a person to remedial education, which is ESL or adult education. SIP – M.P.P. 42-711.54, He or she must make satisfactory progress in the program. CWD determines that continuing in the program is likely to lead to self-supporting employment for that recipient; and The WtW plan reflects that determination. Applicant has to be enrolled in school before appraisal and orientation. Unemployed recipients attend WtW orientation and participate in job search and job club activities. If he\/she remains jobless, the individual is referred to assessment. (Id.) During assessment, the individual’s work history is reviewed and an inventory of the employment skills, knowledge and abilities are taken. The need for supportive services is also reviewed. Based on the current skill, local labor market information and other existing conditions, the county determines the work plan. (Welf. & Inst. Code 11325.4.) If a concern is raised that there is a mental health or substance abuse or that will impair the ability of an individual to obtain employment, he or shall be referred to the county mental health department or county alcohol and drug program or other substance abuse program (MPP 42-711.56; 42-711..57.) If the recipient disagrees with the assessment results, the county must refer the case for an independent assessment by a neutral third party. (Welf. & Inst. Code 11325.4(c)(1); MPP 42-711.556). No hearing shall be held regarding a disagreement with an assessment. The matter has to be referred to a third-party assessment. MPP 42-711.556(a). Third-Party assessment is final. Person can ask for a state hearing. POTENTIAL LAWSUIT. After assessment is complete, the individual enters into a written welfare-to-work plan with the CWD. (Welf. & Inst. Code 11320.1, 11320.25(2)(a); MPP 42-711.5; 42-711.6; 42-711.7.) a. The welfare-to-work plan specifies what the recipient will perform, e.g., unsubsidized employment, self-employment, or adult basic education. (Welf. & Inst. Code 11320.1; 11322.6; MPP 42-711.611; 42-716; 42-701(w)(2).) b. The welfare-to-work plan also identifies the supportive services that the county will make available to the W2W participant. (Welf. & Inst. Code 11323.2; MPP 42-711.611; 42-716; 42-701(w)(2).) i. Supportive services includes child care; transportation costs; ancillary expenses such as books, tools, clothing specifically required for the job; fees; and other necessary cost; and personal counseling when personal or family problems affect the outcome of the W-2-W plan. (M.P.P. 42-750, et. seq.) ii. Supportive services payment shall be advanced to the recipient whenever he\/she is required to perform a welfare-to-work activity so that the recipient need not use his or her funds to pay for the services. (Welf. & Inst. Code 11323.4; M.P.P. 42-750.21.) Welfare and Institutions Code Section 11320.3 and MPP 42-711 set forth a comprehensive list of education, training and employment activities which comprise Welfare to Work activities. If a recipient fails or refuses to comply with a program requirement, without good cause in a program component to which the individual is assigned and refuses to agree to or fails, without good cause, to comply with a compliance plan agreed to between the county and the individual, the individual is subject to sanctions. (Welf. & Inst. Code 11327.4; MPP 42-721.2.) Laws and Regs- This process is set forth in Welfare and Institutions Code 11327.4 and MPP 42-721 The CWD must issue a Notice of Action effective no earlier than 30 calendar days from the date of issuance informing the individual that a sanction will be imposed if the individual fails to either attend an appointment scheduled by the county to be held within 20 calendar days of the notice, or contact the county by phone, within 20 calendar days of the notice and fails to do either of the following: MPP 42-721.23 The CWD Notice of Action must contain specific information. This information includes; i. The specific act(s) that cause the individual to be out of compliance; ii. Informing the individual of the right to assert good cause for the refusal or failure; iii. Informing the individual of the date and time of the scheduled appointment; iv. Providing a general definition of good cause and examples of reasons that constitute good cause for not participating in the program. v. Inform the individual of the right to contact the CWD by telephone to establish good cause in lieu of attending the appointment scheduled by the county. vi. Inform the individual of the right to reschedule the appointment once within the 20 calendar day period. vii. Inform the individual that if good cause is not found, a compliance plan will be developed and the individual will be expected to agree to the plan or face a sanction. viii. Inform the individual of the name, address and telephone number of the state and local legal aid and welfare rights organizations. ix. Describe transportation and child care services that the individual is entitled to receive, as needed to attend the appointment. If the individual cannot attend the appointment, the individual shall be allowed to reschedule the cause determination appointment once within the 20 calendar day period. If the individual fails to attend the appointment, the CWD must attempt to contact the individual by telephone at the time of or after the appointment in order to establish a finding of good cause or no good cause, or if no good cause, to develop a compliance plan. MPP 42-721.25 MPP 42-721.43 Sanction stops when the participant performs the activity(ies) he or she previously refused to perform. Compliance plan has to provide for what the participant refused to do. For example. Did not go to Orientation? Compliance plan is to go to orientation. Sanctions stay in place until the sanction is cured. Once the sanction is cured, then aid is restored the beginning of the month following the month that it is cured. LITIGATION POINT The law provides that benefits should be restored when the sanction is cured and not the following month. CDSS issued ACL 03-59 dated November 14, 2003 that provides comprehensive instructions to the counties regarding the good cause determination, compliance and sanction processes. CDSS requires counties to have written policies and procedures for good cause, compliance and sanction process not covered by CDSS. The steps to cure a sanction are: a. The participant must contact the county and inform them that he or she wants to cure the sanction. b. Sign a Plan to Stop a WTW Sanction (WTW 29) \”the curing plan\” either at a scheduled meeting, or by mail. c. Satisfactorily perform the activity or activities causing the sanction. When a participant contacts the county to start the curing process, and the individual successfully completes the curing process, cash aid is restored the first day of the month following the date that the individual contacted the county to indicate his or her desire to cure. ACL 03-59 includes camera-ready forms to be used by the counties. Anybody who has good cause cannot be sanctioned. Welf. and Inst. Code 11320.3 (f); MPP 42-713. Inform the county telephonically through a conference call, what the good cause was and keep good notes. Lack of child care. No transportation. Was sick that day. Victim of D.V. Had to work that day. Caring for sick AU member or child. If it takes more than a hour each way by public transportation then that is a good reason and cannot be sanctioned. The one hour includes leaving the house walking to the bus stop and walking from the arrival bus stop to the WtW activity location. Every minute counts. Get an internet printout for local bus travel. Client can also testify to the actual time it takes. Remoteness DOES not apply to community service or unpaid labor activity. Welf. & Inst. Code 11320.3 and MPP 42-721.4. Disabled person Needs a medical statement that the disability will last 30 days No CW 61 needed, Just a doctor’s statement. 60 year old person. Pregnant woman’s first pregnancy is exempt. Caring for a child under 6 months. Single parent with a child under 2 of age Until 7\/1\/2011 Single parent with more than two children under 6 years of age Until 7\/1\/2011 Tell the worker what the good reason was, then file for a state hearing. Fax the request to 916-229-4110 or 916-229-4143. Email filing coming soon. Lack of necessary supportive services. (Welf. and Inst. Code 11320.3 (f)(1), 11323.2; 11323.4; MPP 42-713.21.) The County must advance funds for supportive services wherever necessary and when desired by the participant so that the participant need not use his or her funds to pay for these services and includes: Transportation. Ancillary services. Ancillary expenses include costs of books, tools, clothing specifically required for the job, fees, and other necessary costs, e.g., computer, calculator. MPP 42-750.113. County has to issue an advance to make sure participant does not use his or her own money for the ancillary service. Child care. (MPP 42-713.23; 42-750; 47-100.) The county shall provide child care for a child under the age of 10 years, or if supervision is required due to a physical, mental or developmental disability or other similar condition. (Welf. and Inst. Code 11323.2; M.P.P. 47-201.2.) If funding is available, child care will be provided to children who are 11 or 12 years of age. (MPP 47-201.3.) Always file for a state hearing. Claim good cause if participant comes to you before sanction is imposed. See if the participant received a 30 day notice. Interview for good cause and exemptions. If no APP, call and set up a sanction cure appointment. Negotiate what the plan is before sending the participant to the already negotiated scheduled appointment. The End Questions & Answers WtW Sanction Defense What is WtW? WtW Basics. Sanctions. Sanction Notice of Action. Sanction Periods. Curing the Sanction. How to Fight the Sanction. What is a Good Reason. Supportive Services. Fair Hearings. Summary of Sanction Defense. Now let’s see what we’ve learned. WtW Sanction Defense Training WORKFARE BACKGROUND Who Is Running The WtW System In California? WELFARE-TO-WORK (WtW) DSS WtW Chain of Command WELFARE-TO-WORK (WtW) WtW Pavlovian Tunnels SIP Determination Assessment THIRD-PARTY ASSESSMENT WTW PLAN WtW ACTIVITIES SANCTIONS Sanction Process Sanction Notice Sanction Notice- More Reschedule Appointment CWD TELEPHONE CONTACT BEFORE SANCTION Compliance Plan Sanction Periods SANCTION CURING PROCESS Sanction Curing Process – More Sanction Defense- Good Reason What is a Good Reason ? Remoteness Exempt Persons File For A State Hearing Supportive Services Ancillary services Child Care Defense Sanction Summary Sanction Defense Training ”

” CCWRO.ORG 1901 Alhambra Blvd., Sacramento, CA 95816-7012 Tel: 916-736-0616 Cell: 916-712-0071 Email: [email protected] ATTENTION : This Power Point presentation is intended to be presented with an oral presentation to fill in the blanks left vacant. If you want a presentation, please contact CCWRO at 916-736-0616 or complete our training request form at: http:\/\/www.ccwro.org\/index.php?option=com_content&view=article&id=47&Itemid=55 To feed people Stimulate the economy Now called SNAP but California retains the name Food Stamps What can you buy with food stamps Why do we have a food stamp program FNS DSS CWD Program Manager Program Specialist EWS EW Screener Overview of Food Stamps Administration Any person has a right to apply Applications can be made in person, by phone or by mail Application is sufficient if the application contains the applicants name and address if applicant has one Counties have 30 days to act on the application Application Proof of Identity Income verification, if any Rent Utility Bank account, if any Car registration Alien Status, I-94; green card Applicants have 30 days to submit the verification Verification HH are persons who purchase and prepare food together A person under age 22 cannot be separate HH Elderly, disabled, blind are separate HHs Households (HH) Must be a U.S. citizen to be eligible for food stamps PRUCOLs, refugees and asylees can also get FS Sponsored Aliens Citizenship CalWORKs GA\/GR SSI Exception Categorical Eligibility Strikers Students taking more than 6 units that lead to a degree Drug felons People without a SSN Quitting a job without good cause Who can’t get food stamps What is an ABAWD Food Stamps limited to 90 days Waivers ABAWDS Less than $2,000 for one adult Less than $3,000 for 2 adults, over 60, disabled or blind Home that they live in is excluded Cars Burial plots Property needed to produce income, such as tools, rental property Resources One year Quarterly Reports Anticipated income Certification Periods & QR-7 All applicants over 18 years of age No children fingerprinted Information stays within the welfare system Does not go to USCIS Fingerprinting NEC Notice for recertification 30 days advance Date and Time ICT must reapply for Food Stamps No reapplication for CalWORKs, Medi-Cal, IHSS Recertification Notice & ICT The HH’s income must be below 130% of FPL For Elderly and Disabled income must be below 165% of the poverty level Go to ccwro.org and download CCWRO Public Assistance Tables from What’s New Go to http:\/\/www.snap-step1.usda.gov\/fns\/ to calculate the food stamps. How to calculate Food Stamps Housing Actual or Standard Utility Deduction Telephone deduction Child Care deduction Medical Expense deduction Child Support deduction Deductions Gross income is used Treatment of Self-Employment Unearned Income Exclusions (a) Overpayment collections from income (b) In-Kind income (c) Garnished Wages (d) Deferred Educational loans, grants (e) all loans; reimbursements that are past due (f) lump sum payments Income Counted & Excluded HH of 3, Mom is 35, two kids ages 5 and 8 All citizens 1 Car Gets $500 in CalWORKs cash aid $1,000 in the bank Rent is $500 Pays for heating and cooling Has earned income of $700. Paid once a month How much in food stamps will the HH get? ______ Calculate Food Stamps Test Welf. & Inst.Code 18912,18913 & 19814 M.P.P. 63-301.5 et seq. Look at the SAWS-1 or DFA 285-A1 CWD orally inform applicant about ES orally; and CWD must help the HH complete the food stamp application forms. M.P.P. 63-301.521 A HH eligible for ES must have the food stamps on their card within 3 calendar days. A weekend is considered one calendar day. EXAMPLE: Application filed Thursday. Food stamps shall be available Monday If Monday is a Holiday, then Food Stamps shall be available Friday or Saturday. M.P.P. 63-301.531 If the county fails to identify that HH needs ES or, after application the HH later needs ES, the 3 days starts from the date that ES is requested The only thing that must to be verified is identity of the head of HH. This can be done by looking at evidence or collateral contact. All other verification can be submitted within 30 days of application M.P.P. 63-301.541 SSN When a person applies after the 15th of the month, the CWD must issue benefits the month of the application and the next month. When verification has been delayed, the second months benefits shall be issued within 5 working days of the CWD getting the verification. M.P.P. 63-301.546 If the CWD finds out later that HH is eligible for ES ES time requirements start from the date that the HH tells the county of their need for ES. Look at documentary evidence, eg., driver’s license CWD shall pursue collateral contacts to verify identity If an application for ES food stamps is made before the 15th of the month, benefits from the date of application are issued; If the application is made after the 15th of the month, the HH receives the benefits for the month of application, from the date of application and the full next month benefits will be issued. M.P.P. 63-301.S43(a) Example: HH applies 3\/16\/10. County determines HH eligible on 3\/18\/10. Benefits will be issued for March 16 through the end of April. The CWD should reschedule the another appointment within the 3 days period What to do if the ES appointment is missed? Ask for an Expedited State Hearing. For an Expedited Hearing Request form go to: http:\/\/www.ccwro.org\/index.php?option=com_docman&Itemid=70 and download the expedited hearing form. It is a pdf fillable form. For a copy of the ACL about expedited hearings go to: http:\/\/www.dss.cahwnet.gov\/lettersnotices\/entres\/getinfo\/coletters\/pdf\/ExpeditedHearingACL.PDF Transitional Food Stamps are automatically provided for five (5) after the HH is terminated from welfare M.P.P. 63-504.13 No requirement to submit QR7 to get TFS After five months, an eligible HH must reapply to to continue to get food stamps, if otherwise eligible Transitional Food Stamps od Stamp Overview 2010 STATE OF CALIFORNIA – HEALTH AND HUMAN SERVICES AGENCY CALIFORNIA DEPARTMENT OF SOCIAL SERVICES CALIFORNIA DEPARTMENT OF HEALTH SERVICES APPLICATION FOR CASH AID, FOOD STAMPS, AND\/OR MEDI-CAL\/34-COUNTY CMSP Before completing this application, read the coversheet. If you need more space to answer, write on the back of this sheet. IF YOU NEED: CASH AID IMMEDIATE NEED PAYMENT FOOD STAMP EXPEDITED SERVICE saaueFILL IN ITEMS 14 – 18. FILL IN ITEMS 14 – 17. 14. How much liquid resources does everyone, including children, have? OO Cash, uncashed checks or money orders (1 Checking\/savings or credit union account(s) C Trust deeds, notes receivable, stocks or bonds CD Other (explain) $. $ $ $ 17. How much are your utilities that are not included in your rent this month?__& YES NO 18. Do you have an eviction notice or notice to pay or quit? Have your utilities been shut off or do you have a shut-off notice? 15. How much income did everyone, including children, get or will they get this month? Date Amount Date Amount $ 5. $ 16. How much is your rent or mortgage this month? $ Will your food run out in 3 days or less? Do you need essential clothing, such as diapers or clothing needed for cold weather? Do you need help with transportation to get food, clothing, medical care or other emergency item(s)? – [certify that | have been given a copy of the coversheet. | understand and agree that | have to comply with eligibility rules, some of which | may be asked to do before any aid can be given. | understand the statements | have made on this form may be checked and verified. \u00bb \u2014 | certify that if | have applied for Food Stamps the county has told me of my right to Expedited Service. \u00bb | declare under penalty of perjury under the laws of the United States of America and the State of California that the information | have given on this form is true, correct, and complete. 19, SIGNATURE (OR MARK) OF APPLICANT OR AUTHORIZED REPRESENTATIVE DATE SIGNED SIGNATURE OF WITNESS TO MARK OR INTERPRETER DATE SIGNED SAWS 1 (12\/08) CA 1\/DFA 285-A1 REQUIRED FORM – SUBSTITUTE PERMITTED The SAWS-1\/DFA 285 Food Stamp Expedited Services FOTOS EM La NC \u00a390) \u00bb Households (HH) that have: > 1. Less than $150 gross income \u00bb 2. Less than $100 in liquid resources \u00bb 3. HH whose gross income is less than their rent and utilities. > 4. See M.P.P. 63-301.51 Who Is Eligible For Food Stamp Expedited How Does The County Identify HH Needing When Are ES Food Stamps Late ES Determinations Verification for ES Benefits after the 15t* of the Month What If the HH Needs ES After the Date Of Application? How To Verify Identity Amount of Food Stamps Received What To Do If ES Is Denied? ”

” ATTENTION : This PowerPoint presentation is intended to be presented with an oral presentation to fill in the blanks left vacant. If you want a presentation, please contact CCWRO at 916-736-0616 or complete our training request form at: http:\/\/www.ccwro.org\/index.php?option=com_content&view=article&id=47&Itemid=55 California Family Code (FC) 17800-17804 Title 22, Code of California Regulations (CCR) 120100 et. seq. Application for Child Support has been denied Application has not been acted upon within required timeframes County Child Support (CCS) Actions are in violation of state laws and regulations CCS services have not been performed in the required timeframes such as: A. Child support establishment B. Requested modification C. Enforcement of Child Support Order D. Child support distribution accounting Child support payments not distributed CCS decision to close the child support case Child support payments disbursed incorrectly Inaccurate calculation of arrears child support NOTE: The amount of arrears is not subject to an AH. Federal 42 USC 651 et.seq. 45 CFR 303 et.seq. California Family Code (FC) 1700 et.seq. 22 CCR 110000 et.seq. CDSS Child Support Regulations MPP 82-500 et.seq. The Department of Child Support Agency is the single state agency for child support enforcement in California (FC 17202) Local Child Support Agencies (LCSA) must comply with all regulations and lawful directives of DCSS (FC 17400) DCSS or LSCAs have no attorney-client relationship with the custodial or noncustodial parent (FC 17406) LSCA must have a system to monitor compliance with child support order. (FC 17520(a)(4).) The first $50 of all child support received for the current month shall be paid to the CalWORKs CP. (FC 17504) The $50 shall be paid within two (2) business days from the date it is collected. (42 USC 654(c); CDSS MPP 12-108.8) If CP is not receiving CalWORKs, CP gets al current support. Distribution when payment is more than current support and\/or more than one CP for payments by NCP. CP should get notice of collection and distribution (Barnes Notice) (22 CCR 119184) New regs allow DCSS to ask for permission to recoup alleged OP from future collections ( 22 CCR 119900) If no response from CP to three (3) demand letters, DCSS presumes consent and withholds 50% of future collections. (Id.) CP can withhold consent to recoup from future collections, but then DCSS will take other enforcement actions. (Id.) LSCA must make application available to the public ( 22 CCR 112100) LSCA must mail an application, if requested, within 5 days. LSCA must accepts applications LSCA must open case within 20 days of receipt of application. (45 CFR 303.2 & 22 CCR 112130) CalWORKs cases are automatically referred to LCSA for opening. ( 22CCR 11250) CalWORKs recipients must cooperate with LCSA unless has good cause. ( 22CCR 112200) Good Cause includes domestic violence. (22 CCR 112210) LSCA must access all appropriate location sources within 75 days of determining location is necessary. (45 CFR 303.3(b)(3) & 22 CCR 112100(b)) Must repeat location efforts quarterly or immediately upon receipt of information which may aid in location. (45 CFR 330.3(b)(5) & 22 CCR 113100 (c)) Must establish order within 90 days of locating NCP. ( 45 CFR 303.4(d) Must provide opportunity for voluntary paternity acknowledgement (POP declaration). ( 45 CFR 303.5(a) Must use legal process to establish paternity. (45 CFR 303.(a)(2)) Must do genetic testing upon request of party unless good cause. ( 45 CFR 303.5(d) & 22 CCR 117401) Receiving State must take action on case within 10 days of receipt. ( 45 CFR 303.7(a)(2) & 22 CCR 117502 Initiating State refer case within 20 days of learning NCP is in another State. ( 45 CFR 303.7(b)(2) & 22 CCR 117400(d) Initiating State must provide requested information within 30 days. ( 45 CFR 303.7(b)(4) & 22 CCR 117400(d)(2).) Initiating State must provide new information to receiving State within 10 business days. ( 45 CFR 303.7(b)(5) & 22 CCR 117400(d)(3).) 12 possible reasons to close case. ( 45 CFR 303.11(b) & 212 CCR 118203 LSCA must give CP 60 days notice of case closure. ( 45 CFR ^330.11(c).) A change in circumstances should trigger consideration for a modification. ( 45 CFR 303.8; FC 115525 & 22 CCR 1155500.) A change in the CR or NCP’s employment status or income The CP or NCP’s begins or stops getting UIB, DIB or Worker’s Compensation. ( 22 CCR 115520(a).) When the LCSA becomes aware, during communication with a party to a child support order with a current obligation of a change in circumstance. ( 22 CCR 115510.) NCP is in a county jail, state or federal prison or court ordered rehab facility. ( 22 CCR 115530(a)(1) NCP begins to SSI or other public social services programs ( FCCC 17400.4 & 17516; 22 CCR 115530(a)(2).) Either party request modification and there is a change in circumstances (order would change by more than $50) NOTE: LCA has 180 days to complete modification. (45 CFR 303.8(e) & LSCA must review the Order every three (3) years. ( 45 CFR 303.8(b)(1).) LCSA ahs various methods of enforcement, some required advance notice to NCP. Wage Assignments through electronic fund transfer ( FC 17508 & 22 CCR 116100(c)(2).) Employer must notify the State promptly when the NCP starts or terminates employment and provide last known address, and the name and address of the NCP’s new employer, if known. (45 CFR 303.100.(f)(1)(X) The Board serves notice on the NCP at last known address that the license will be automatically suspended unless the child support arrearage is paid. (FC 17520(d)(3)(B)) Levies against personal property or real property belonging to the NCP or who owe any debt to the NCP at the time they receive the notice of levy. (45 CFR 303.103; FC 17522; 17523 & 22 CCR. 116130) LCSA must send advance notice of statement of support arrearages to NCP at last known address via 1st class mail advising of the amount owed. If NCP requests a judicial determination within 20 days from date of notice mailed, LCSA doesn’t issue levy. Tax Intercepts are automatically requested for federal or state tax refund offset once a year. (45 CFR 303.6 (c)(3);MPP 12-107.4) License Revocation and Suspension which include certificates, permits, registrations, driver’s license and professional license. (FC 17520) Each month, the list of noncompliant NCP are sent to DCSS. The lists are combined and sent to licensing agency. ( FC 17520(b)) The License Board authority to withhold license of NCPs on the list. (FC 17520(e)(1)) Board serves a notice of intent to withhold issuance or renewal of license at last known address. (Family Code l750(e)(2)). Temporary licenses are issued for 150 days. (FC 17520(e)(2)(D) After advance notice to the NCP, delinquent child support by federal or state tax refund offset can be collected if there is an assignment of support rights; the amount of support not less than $150 and support has been delinquent for 3 months or longer (45 CFR 303.72(a)(2)(ii);45 CFR 303.100(d)) Consumer Reporting Agencies can be used when delinquent child support exceeds $1,000. (45 CFR 303.105b)) LCSA must provide advance notice about proposed release of the information and of the methods for contesting accuracy of the information. (45 CFR 303.105(d)) Posting security, bond or guarantee to secure payment of overdue support (45 CFR 303.104(a)) Order of Examination. (C.C.P. 708.110) Advanced notice must be given to the NCP regarding the outstanding amount due and inform the absent parent of the methods available for contesting the impending action. (45 CFR 303.104(b)) California Parent Locator Services Central Registry collects and disseminates personal history, employment history, assets, income tax return information, etc. (FC 17506) Financial Institution Data Matches (FIDM) compares list of NCPs to customers of the financial institutions doing business in California. (FC 17453) Upon notice of the order for withholding from the account, the funds are forwarded to the LCSA. (FC 17450;17500;17453;17454(d)(2)) the first $3,500 is exempt from levy. The LCSA must monitor compliance with the support obligation. (45 C.F.R. 303.6(a)) The LCSA must identify cases where the full amount of the child support payment is 30 days late. (MPP 12-107.1; 45 C.F.R. 303.6(b)) When a case is identified as being 30 days late, other appropriate enforcement techniques shall be initiated within 30 days if service of process is not necessary (45 C.F.R 303.61.(b) and 303.6(c); Family Code 17400(c); M.P.P. 12-107.2 Exception: If service of process is necessary, the LCSA must complete services of process within 60 calendar days necessary to enforce the support order and initiate Appropriate enforcement action. (45 C.F.R. 303.61(c); M.P.P. 12-107.2) e.g., License revocation or suspension (Family Code 17520) Liens (Family Code 17522) Tax intercepts (Family Code 17452) Within 15 days of establishing a child support order, the LCSA must send the employer notice to initiate wage withholding (45 C.F.R. 303.100(f)(2);22 C.C.R. 116100(c).) When the NCP has a new employer, LCSA must send the income withholding order to the employer within two business days (22 C.C.R. 116100\u00a9(2).) The CR must be filed with the LCSA within 90 days after the complainant knew or should have known of the child support action complained of. ( FC 17800 & 22 CCR 12010(b) Request for CR form LCR 001 This form can be downloaded at: www.childsup.ca.gov\/Portals\/0\/resources\/docs\/forms\/LCR001pdf The specific actions or inactions of the LCSA Specific dates that action was requested Specific information that was not acted upon Within 5 working days the LSCA must mail the complainant a Request for Complaint Resolution Acknowledgement LCR002 (22 CCR 120102) The LSCA must respond within 30 days of the receipt of the LCR001. (FC 17800 & 22 CCR 120105(a).) The response, Form LCR006 should include: a. A brief description of the complaint and receipt date LSCA’s decision and is reasoning including cites to applicable laws. b. Actions that the LCSA will take to resolve the complaint FC 17801 (e) requires the hearings to be provided in the same manner in which hearings are provided in Welfare and Institutions Code 10950 through 10967 and the CDSS regulations implementing and interpreting those sections. Complainant has 90 days to request a state hearing (SH) from the date of the response of the CR. (22 CCR 120120(d)(2).) If the LSCA does not respond to the CR, then the complainant has 90 days to ask for a SH following the end of the 30 days of requesting the CR, (22 CCR 120120(d)(2).) The Request for a State Hearing can be downloaded at: www.childsup.ca.gov\/Portals\/0\/resources\/docs\/forms\/SH001pdf The hearing request should be in writing and should include the Request for Complaint Resolution and the CR decision the LCRC006 The state hearing shall be scheduled within 30 of the request for a hearing by the Office of Administrative Hearing (OAH). (FC 17801(d)(1) & 22 CCR 120202 OAH assigns a dedicated administrative law judge (ALJ) to the hearing. PRACTICE TIP: When the case is transferred to OAH, a case manager is assigned. The case manager transmits documents to both the LCSA and complainant. The case manager makes reasonable accommodation for the hearing. The complainant has a right to appoint an AR. ( 22CCR 1201122) The AR does not have to be a lawyer The hearing request has a section for the appointing of an AR. Complainant can drop the hearing in writing or orally anytime before the Directors decision is issued. (22 CCR 120212) The DCSS notifies the complainant the date, time and place of the hearing 10 days in advance of the hearing. ( FC 17801(d)(1) & 22 CCR 120203) Hearing are usually done telephonically. If the Complainant requires special accommodations, the Complainant goes to the LCSA offices for the hearing. Judges call from one of the offices located in Los Angeles, Oakland, Sacramento or San Diego The complainant withdraws the hearing request There is no jurisdiction. (FC 17801 )(g) & 22 CCR 120201(b).) The request is beyond the time limits The issue was raised and a decision rendered in a prior hearing The issue is moot. The complainant ha 15 days to object to the dismissal. Must submit (preferably in writing) reasons why dismissal is wrong If the complainant fails to respond, the dismissal is entered. (22 CCR 120211) OAH mandates at least five (5) days before the hearing complainant provide OAH : 1. Written Position Statement 2. Written Evidence 3. If the evidence is not made available 5 days before the hearing the ALJ can refuse to accept the evidence DSS requires CWD to make Position statement available two (2) working days prior to hearing. If there is not a Position Statement available, claimant can postpone the hearing: If the evidence is not made available 5 days before the hearing the ALJ cannot refuse to accept the evidence DSS does not require claimants to provide the CWD or the ALJ with hearing documents 5 days before the hearing, such as (a) written position statement from claimant; (b) documentary evidence; and (c) witness list and what he testimony will be. (FC 17801(d)(1) – WI&C 10950 through 10967 & Division 22) If the complainant does not show up at the hearing without good cause, the hearing will be deemed abandoned (22 CCR 120213) A 15-day notice is mailed to the complainant to show good cause for non-appearance (22 CCR 120213) If the complainant does not respond there is no further notice (22 CCR 120213) The hearing is recorded Witnesses are sworn The ALJ identifies the issue and state the order in which the evidence will be taken (22 CCR 120207) The ALJ considers jurisdiction The judge may voluntarily withdraw from the hearing if she or he can’t do an impartial and fair hearing ( 22 CCR 120214) The Hearing decision shall be issued within 75 days from the date of the filing of the hearing The complainant or the the LCSA has a right to ask for a rehearing within 30 days of the hearing decision The basis of the rehearing can be: The complainant has new evidence to present The new evidence must be identified Explain why it was not available at the hearing Explain materiality How the evidence would change the outcome of the hearing The decision is inconsistent with the law The decision is not supported by the evidence in the record See W&IC 10962 for rehearing CCP 1094.5 Administrative Writ of Mandate and WI&C 10960 Complainant has one (1) year to file for a Writ; No filing fee (W&IC 10960) If complainant prevails in the 1094.5 action, they are entitled to reasonable attorney fees (W&IC 10960) Questions & Answers California Child Support Administrative Hearings CCWRO 1901 Alhambra Blvd. Sacramento, CA 95816-7012 Tel. : (916) 736-061 6Fax: (916) 736-2645Cell: (916) 712-0071e email: [email protected] ccwro.org Legal Framework of Hearings Administrative Hearing (AH) Jurisdiction Administrative Hearing (AH) Jurisdiction Issues for Administrative Hearings DCSS Single State Agency Distribution Allegations of Overpayment (OP) to CP Case Opening CalWORKs Cooperation Location of Absent Parents Establishment of Orders Paternity Establishment Interstate Cases Case Closure Modifying Child Support Order What constitutes a Change in Circumstances? What constitutes a Change in Circumstances? (con’t) Enforcing Child Support Orders Enforcing Child Support Orders (con’t) Enforcing Child Support Orders (con’t) Enforcing Child Support Orders (cont’d) Enforcement Timeframes Enforcement Timeframes \u2014- (con’t) Complaint Resolution (CR) What to put on the form Complaint Resolution (CR) LSCA Response Potential Litigation Issue State Hearing (SH) Process Authorized Representative (AR) Withdrawing the Hearing Setting the Hearing State Hearing (SH) Dismissals? 22 CCR 120201 OAH Prior to Hearing Requirements DSS Prior to Hearing Requirements Effects of Non-Appearance What happens at the Hearing Issuance of Hearing Decision Rehearing Remedies After Hearing or Rehearing The End ”

” CalWORKs Domestic Violence Waivers 2010 CCWRO.ORG 1901 Alhambra Blvd., Sacramento, CA 95816-7012 Tel: 916-736-0616 Cell: 916-712-0071 Email: [email protected] ATTENTION : This powerpoint presentation is intended to be presented with an oral presentation to fill in the blanks left vacant. If you want a presentation, please contact CCWRO at 916-736-0616 or complete our training request form at: http:\/\/www.ccwro.org\/index.php Domestic Violence (DV) Federal law USCA 42 6029a)(7) CFR 45, 260.50 State Law W&IC 11495 et.seq. State Regulations 42-715 ACIN-I-02-06 Who is a DV victim? Any person who has been abused by: Current or former spouse Live together or have lived together Are dating or have dated Are engaged in or have engaged in sexual relationship Related by blood Have children in common What CalWORKs rule can be waived for DV victims? All rules except for: Income Property Deprivation Examples of rules that can be waived WtW Participation Child Support Cooperation Verification Requirements MFG rule 60 month time clock QR-7 Annual redetermination Once-in-a-lifetime homeless assistance What constitutes DV? Threatened or attempted physical or sexual abuse Physical acts that threaten to result in injury Physical acts that actually result in injury Sexual abuse Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities Threats to kill or harm people or property Threats to kidnap Threats to commit suicide, stalking Repeated use of degrading or coercive language More of what constitutes DV Controlling access to food and sleep Controlling or withholding access to economic and social resources Talking with the victim You seemed frightened of your partner; Has he ever hurt you? Your partner seemed not to want to let me speak with you alone. I’m concerned that he might want to control what you tell me. Do you think that is happening? I noticed you check with your partner before you answer any questions; Are you afraid you might get hurt if you say the wrong thing? More on what constitutes DV Are you in a relationship where you get hit, punched, kicked or hurt in any way? Do arguments ever end in your partner pushing, shoving or slapping you? Has your partner ever used a fist or weapon to hurt or threaten you? Does your partner force you to engage in sex that makes you uncomfortable? Does your partner ignore your decisions regarding safe sex or contraceptives? More on what constitutes DV Does your partner ever call you names or put you down? When your partner gets angry, does he throw things? Does your partner hurt your pet? Does your partner accuse you of having affairs? Check up on you? Do you have to ask your partner’s permission to do things you want to do? \ufffd County Requirements for Waivers Counties are required to have a waiver policy County Waiver Policies shall be publicly available See ACL98-58 County Option state regulation MPP 11-501.3 County Standards Where statutes or CDSS regulations authorize counties to adopt specific standards which affect an applicant’s\/recipient’s eligibility or grant amount or welfare-to-work activities, including supportive services, such standards shall be in writing and shall be made available to the public upon request. Is this information publicly available? The client can go to the welfare office and ask the receptionist for a copy of the County DV Policies. In addition, a tester ( like an intern) should go to the welfare office once every three months to verify that the policies are publicly available. Ask your worker why the welfare office does not make the information publicly available . How to prove DV? 11495.25. Sworn statements by a victim of past or present abuse shall be sufficient to establish abuse unless the agency documents in writing an independent, reasonable basis to find the recipient not credible. How can the county prove otherwise? 11495.25 .Evidence may also include, but is not limited to: police, government agency, or court records or files; documentation from a domestic violence program, legal, clerical, medical or other professional from whom the applicant or recipient has sought assistance in dealing with abuse; or other evidence, such as a statement from any other individual with knowledge of the circumstances that provide the basis for the claim, physical evidence of abuse, or any other evidence that supports the statement. Is there a time limit for asking for a waiver? No ACIN I-02-06 Q&A #6 states: QUESTION: Can a county grant a recipient request to retroactively waive program requirements for a recipient who was a victim of domestic abuse? ANSWER: Yes. On a case-by-case basis, counties may provide retroactive waivers to recipients who are victims of domestic abuse. The county’s criteria for granting retroactive waivers must be provided for in the county domestic abuse standards and policies. MPP 42-715.12 states in part: Sworn statements by a victim of past or present abuse shall be sufficient to establish abuse, unless the county documents in writing an independent a reasonable basis to find the applicant or recipient not credible. How to ask for a waiver A waiver request should be in writing and it should have the following components: A sworn statement (which is not a statement under penalty of perjury) that the person was a victim of domestic abuse and assert one of the types set forth in the abuse questionnaire. It shall state what program requirement is being asked to be waived. Submit the waiver request to the CWD and get a receipt for it. If the county does not respond to the request with a Notice of Action within thirty (30) days request a state hearing. ”

” CCWRO.ORG 1901 Alhambra Blvd., Sacramento, CA 95816-7012 Tel: 916-736-0616 Cell: 916-712-0071 Email: [email protected] ATTENTION : This powerpoint presentation is intended to be presented with an oral presentation to fill in the blanks left vacant. If you want a presentation, please contact CCWRO at 916-736-0616 or complete our training request form at: http:\/\/www.ccwro.org\/index.php?option=com_content&view=article&id=47&Itemid=55 To determine eligibility for programs. To make it hard for people to get benefits. How much is spent to verify? Outcomes of verification requirements – procedural ineligibility. Housing. Identify. Birth. Marriage. SSN. Check stubs, letter from employer, 100 hour rule. Checking Account. Car Registration Estimates. Alien Status. Pregnancy Verification. School attendance for school age kids. Immunization Records Religious Exclusion. Get a Receipt When Turning in Verification to the CWD. WIC 1023.5 WIC 11275.et.seq. MPP 40-105, 40-107, 40-115.22 & 40-157.2. MPP 40-126.et.seq ACIN -91-88 ACIN-09-01 IEVS. SAVE. UIB. MEDS. Be Nice To Applicants, Recipients MPP 40-101.12 It is the responsibility on all who are concerned with the administration of aid to do so with courtesy, consideration, and respect toward applicants and recipients and without attempting to elicit any unnecessary information. Administrative duties should be performed in such a manner as to secure for every applicant and recipient the amount of aid to which he or she is entitled under the law. Only ask for what folks have. Clients are not required to produce verification they do not have. MPP 40-105.1 Assuming Responsibility Within His\/Her Capabilities During the determination of initial and continuing eligibility, the applicant or recipient shall assume as much responsibility as he\/she can within his\/her physical, emotional, educational, or other limitations. Within his\/her capabilities, the applicant\/recipient is responsible for: .11 Completing or participating in the completion of all documents \ufffd \ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd required in the application process or in the determination of \ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd continuing eligibility. .12 Making available to the county all documents that are in his\/her \ufffd\ufffd\ufffd\ufffd \ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd possession or available to him\/her which are needed to determine \ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd eligibility or ineligibility. .13 Reporting all facts known to him\/her which he\/she believes to be \ufffd\ufffd \ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffdmaterial to his\/her eligibility or which the county has identified to \ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffdhim\/her as affecting eligibility. Verification is a joint responsibility of client and county. CWD shall tell client what is needed and how it will be used. When client cannot get it, the county shall assist. MPP 40-157.213 MPP 40-157.210 The gathering of evidence necessary to make an eligibility determination of an applicant is a joint responsibility of the applicant and the county. .211 The county shall inform the applicant what evidence is desired, why it \ufffd is needed and how it will be used. .212 The applicant shall cooperate with the county in the evidence \ufffd \ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd \ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffdgathering process to the fullest extent possible. .213 When it is not possible for the applicant to obtain necessary evidence, \ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffdthe county shall obtain it for him. No card Just Social Security Number 40-105.2 Social Security Number (SSN) .21 As a condition of eligibility, each AFDC-FG \ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd and U applicant or recipient member of the \ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd AU shall: .211 Furnish his\/her Social Security Account \ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffdNumber (SSN) or numbers, if more than \ufffd\ufffd\ufffd\ufffd one, within 30 days following the date of \ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffdthe application for assistance; or MPP 40-105.4(f) Exemptions. The immunization requirement does not apply if the parent(s)\/caretaker relative submits: (1) An affidavit stating that the \ufffd\ufffd\ufffd\ufffdimmunization requirement is contrary \ufffd \ufffd\ufffd\ufffd\ufffdto his\/her personal\/religious beliefs \ufffd\ufffd\ufffd\ufffd\ufffd\ufffdand the reasons for his\/her objection. If the applicant\/recipient cannot get the requested verification the county shall help the client: (a) Assisting the Applicant The county is responsible for assisting applicants or recipients in understanding their rights and responsibilities in relation to application for aid; for evaluating the capacity of the applicants or recipients to discharge their responsibilities as set forth in MPP 105; for assisting them as needed in establishing their eligibility and helping them to realize the maximum personal independence of which they are capable, including self-care and self-maintenance. Sworn statement Except for proof of pregnancy & Alien status MPP 40-115.22 Acceptable evidence must be obtained concerning the linking and nonlinking factors of eligibility. (See each Eligibility Chapter for what is acceptable evidence.) When such evidence does not exist, the applicant’s sworn statement under penalty of perjury will be considered sufficient, except in the areas of verification of U.S. citizenship or alienage status and\/or medical verification or pregnancy. See Section 42-433 for verification of citizenship or eligible alien status and 80-300(m)(2) for verification of pregnancy. Past eligibility that is relevant to determining current eligibility. Current Eligibility. MPP 40-126.31 The county shall require only evidence necessary to determine past or present eligibility for the amount or delivery of aid. Within 10 days CWD shall provide applicant with a written notice of required verification. The notice must include examples of alternative evidence. MPP 40-126-32 Within ten calendar days of application, the county shall provide written notice to the applicant of the required evidence and examples of alternative evidence, if any, to determine eligibility. CWD shall assist applicant\/recipient to get verification. Client shall make a Good Faith Effort to get written requested verification. If the client cannot, county shall. Also see MPP 40-107. MPP 40-126.331 – The county shall assist the applicant in obtaining evidence of eligibility from a third party when the county has determined that the applicant has made a good faith effort to obtain the evidence and the third party fails or refuses to provide the evidence. CWD shall pay for third party fees if the county is going to get the verification. CWD shall provide Notice that they will pay for the third-party fees. MPP 40-126.332 – If necessary, the county shall pay a third party fee to obtain existing evidence of eligibility on behalf of the applicant. MPP 40-126.333 – The county shall notify the applicant, in writing, of the requirements of MPP 40-126.33 at the time that such evidence is requested. County forms for verification illegal. Client primary source of verification. Confidentiality Violation. CWD has to document in case file client’s alleged failure to make a good faith effort. CWD rarely does this. Best defense in an application denial due to alleged failure to provide verification case. MPP 40-126. 334 – The county shall document an applicant’s failure to a good faith effort in obtaining necessary evidence of eligibility in the case file. After the application is denied applicant has 30 more days to get the verification in. Once the verification is received, the county shall continue to process the application. COUNTY ILLEGAL PRACTICE Telling applicants they must reapply. MPP 40-126-324 The county shall rescind a denial and grant aid if the applicant is otherwise eligible based on the original application when: (a) The denial is based solely on the applicant’s failure to cooperate in \ufffd\ufffd\ufffd\ufffd\ufffd\ufffd\ufffd providing evidence of eligibility; and (b) The county receives the needed evidence within 30 calendar days of \ufffd\ufffd the date of denial. NOA shall say that the applicant has 30 days to submit the verification. Notice must specify what verification is requested. Most NOA’s are failure to provide requested verification . MPP 40-126.343 When the county denies an application based on failure to cooperate in providing needed evidence of eligibility, the notice of action must advise the applicant of his\/her rights to submit evidence within 30 calendar days of the date of denial for the denial to be rescinded. When the application is filed within a 1 year of prior termination of benefits, CWD shall retrieve the prior case file. CWD can only ask for verification that is not in the old case file such as Social Security Card, Birth Certificates, Marriage Certificate, Alien Status Verification. CWD shall notify the applicant in writing of the rules for getting verification from the old file. Rarely are applicants given notice of this requirement. MPP 40-126.37 – At the time an applicant (described in MPP 40-125.93 and 40-126.35) applies for aid, the county shall inform the applicant in writing of the requirements of MPP 40-125.93, 40-126.35, and 40-126.36. 7 U.S.C. 2020(e)(3) 7 C.F.R. 273.2(f) MPP 63-300.5 Income. Alien Status. Identify; third party verification acceptable sponsor forms. Assets; i.e. checking account, vehicle, etc. Give county the SS number or apply for one. SS number does not mean a Social Security Card. CWD can check the SSN in their computers. Residence Address or mailing address is not a requirement for FS or CW. MPP 63-401.5 Utility. No verification required for SUA. CWD has to have a countywide policy to verify an optional item; or Only when the information is questionable MPP 63-3005(g) To be considered questionable, the information on the application must be inconsistent with statements made by the applicant, inconsistent with other information on the application or previous applications, or inconsistent with information received by the county welfare department. When determining if information is questionable, the county welfare department shall base the decision on the household’s individual circumstances. Liquid Resources and Loans. Household Size. Shelter Costs. Household (HH) Composition. Citizenship. Another county LIE. NOTE: MPP 42-400. Residence in the state, but not in the county, is a requirement for receipt of aid. However, it is necessary to determine the county in which the applicant lives in order to establish county responsibility for payment of aid. (See MMP 40-125.) The form provides: 1. Due Date. 2. Item needed to verify. 3. Who is the verification for?, i.e. Birth certificate for Jo? 4. What program is the verification for? 5. Check if you can’t get proof and need help. 6. Check if you already turned the verification in. 7. If you can’t get the verification, there is a release form so the county can get it. 8. The form is not mandatory. Only when eligibility is questionable. Immediate Need apparent eligibility cannot be determined without a home visit. HOME VISIT. MPP 40-161. A home visit prior to approval of aid and prior to completion of periodic redetermination of eligibility pursuant to MPP 40-181.1 is required when living arrangements or other factors affecting eligibility, or apparent eligibility in cases of immediate need or diversion, cannot be satisfactorily determined without such a visit. However, the recipient’s failure to comply with the provisions of MPP 40-181.22 will result in the termination of the recipient’s grant without the requirement of a home visit. Home visit can be done, always scheduled in advance. When interview is waived. When recertification is more than annual. To get documentation not provided, the county can do collateral contact or home visit. Home visits may be used as verification when documentary evidence is insufficient to make a determination of eligibility. Bad Case Law Expensive Sanchez v. County of San Diego (9th Cir. 2006) 464 F.3d 916 Smith v. Los Angeles County Board of Supervisors (2002) 104 Cal.App.4th 1104 Give the applicant a list of items needed. Tell them to get it in within 10 days. Deny application if the county does not get the verification. Force applicants to reapply when denied due to no verification. Not giving applicants a form requesting verification that meets the statutory and regulatory requirements. Not telling applicants\/recipients in writing what is needed. MPP 40-126.32 Not telling applicants\/recipients in writing why it is needed. MPP 40-126.32 Not telling applicants\/recipients in writing what items will satisfy the CWD request. MPP 40-126.32 Not telling applicants\/recipients in writing what alternative documentation may be acceptable. MPP 40-126.32 Not telling applicants\/recipients in writing that the county will help him or her get the needed verification. MPP 40-126.331 Not telling applicants\/recipients in writing that the C W will pay for third-party verification. MPP 40-126.333 Not telling applicants\/recipients that an adequate NOA states exactly what was not provided and that if it is submitted within 30 days, the application will be processed. MPP 40-126.333 Forcing clients to use county forms to verify information. ACIN 91-88 Not giving applicant\/recipients an adequate NOA. 40-126.343 \ufffdNot telling applicants\/recipients in writing what is needed. 40-126.32 \ufffdNot telling applicants\/recipients in writing why it is needed. 40-126.32 \ufffdNot telling applicants\/recipients in writing what items will satisfy the CWD request. 40-126.32 \ufffdNot telling applicants\/recipients in writing what alternative documentation may be acceptable. 40-126.32 \ufffdNot telling applicants\/recipients that the county will help him or her get the needed verification. 40-126.331 \ufffdNot telling applicants\/recipients in writing that the CWD will pay for third-party verification. 40-126.333 \ufffdNot telling applicants\/recipients that an adequate NOA states exactly what was not provided and that if it is submitted within 30 days, the application will be processed. 40-126.343 \ufffdForcing clients to use county forms to verify information. ACIN 91-88 \ufffdNot giving applicant\/recipients an adequate NOA about 30 days to submit verification. 40-126.343 Collect cases terminated for not providing verification. Access the validity of the termination. Now let’s see how much you learned? WELFARE VERIFICATION Why Verification? A CalWORKs Case Verification List A CalWORKs Case Verification Laws & Regulations Other Means of Verification MPP 40-101.12 MPP 40-105.12 Methods of Gathering Evidence MPP 40-157.2 Social Security Card Immunization Religious Exception MPP 40-107-CWD Helping Clients Affidavit if Verification Not Available MPP 40-115.22 What Type of Verification Can The CWD Ask For? MPP 40.126.31 Written Notice of Verification MPP 40-126.32 Assist the Applicant to Get Verification \u2014- MPP 40-126.331 Third-Party Fees – MPP 40-126.332 Third-Party Verification-\u2014ACIN 91-88 Document in Case File of Client’s Failure to Make a Good Effort 30 Days to Get Verification in After Application Denial Notice of Action Contents Retrieve File for Verification Notice Requirement for Looking at Old Case File Food Stamp Verification FS – What Has To Be Verified? FS – Optional Verification Optional Verification Items You Have To Have An Address. True or False? ACL-09-01 Home Visit for CalWORKs Home Visit for Food Stamps Home Visit Court Cases Current Practice List of Law Violations More Violations And More Violations VIOLATION CHECKLIST ACTION ”